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2025 DAILYLAW 111854 (ALL)

AADITYA SHARMA v. STATE OF U.P.

BAIL/46209/2024 · 2025-01-22

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10966 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46209 of 2024 Applicant :- Aaditya Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Anand Pati Tiwari, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Aaditya Sharma, seeking enlargement on bail in Case Crime No. 403 of 2024, under Sections 191 (2), 191 (3), 190 and 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Partapur, District Meerut. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 06.11.2024. Learned counsel for the applicant submits that it is a case of no injury. Even the applicant has not been assigned any specific role of firing. He has criminal antecedent of one case and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant further submits that co-accused, Ujjwal Baisla, has already been enlarged on bail by this Court on 03.01.2024 passed in Criminal Misc. Bail Application No. 45115 of 2024. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Aaditya Sharma, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 22.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad